Allowed

Mathew Varghese @ Sharon v. the State of Kerala

Kerala HC19 Jan 2017Bail Appl./47/2017

Case brief

AI extract

What is this about?

This bail application allowed the release of the petitioner, 5th accused in a robbery case under Section 394 IPC. The High Court ordered bail with conditions including sureties, periodic interrogation, no tampering with evidence, and passport surrender.

What did the court decide?

Petitioner released on bail after executing a bond for Rs. 50,000/- with two solvent sureties.

Mathew Varghese @ Sharon Vs the State of Kerala — Cheating and Forgery | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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THURSDAY, THE 19TH DAY OF JANUARY 2017/29TH POUSHA, 1938

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Bail Appl..No. 47 of 2017 ()

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CRIME NO.307/2013 OF KONNI POLICE STATION, PATHANAMTHITTA DISTRICT.

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PETITIONER/ACCUSED NO.5:

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MATHEW VARGHESE @ SHARON, AGED 31 YEARS, S/O.VARGHESE MATHEW, KOCHUPARAMBIL HOUSE, PONKUNNAM P.O., ANAKKAYAM.

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BY ADVS.SRI.P.SREEKUMAR SRI.SOORAJ T.ELENJICKAL SRI.K.ARJUN VENUGOPAL SMT.V.A.HARITHA SMT.SANDHYA R.NAIR SMT.P.M.MAZNA MANSOOR

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RESPONDENT/COMPLAINANT:

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THE STATE OF KERALA, THROUGH THE CIRCLE INSPECTOR OF POLICE, KONNY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K.ABRAHAM MATHEW, J.

B.A.No.47 of 2017

Dated this the 19^th day of January, 2017

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Petition filed under Section 439 Cr.P.C.

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The petitioner is the 5^th accused in Crime

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No.307/2013 of the Konny Police Station registered for the offence under Section 394 IPC. The prosecution case is that he along with the co-accused robbed the first informant of Rs.2,25,000/- and a mobile phone and they assaulted him.

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The learned counsel submits that the petitioner

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is not involved in any other case and he has ben in custody for a long period.

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Heard the learned counsel for the petitioner and

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the learned Public Prosecutor.

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The petitioner has been in custody since 29.11.2016. The 1^st accused who also was remanded to judicial custody on 29.11.2016 has been granted bail by this Court by order in B.A.No.214/2017. The petitioner also is entitled to be released on bail.

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B.A.No.47 of 2017

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In the result, this application is allowed.

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The petitioner shall be released on bail after

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interrogation on his executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties for the like sum to the satisfaction of the learned Magistrate concerned.

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He shall appear before the Investigating Officer

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for interrogation between 3 pm and 4 pm on every 3^rd Friday for three months or till the final report is filed whichever is earlier.

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He shall not destroy or tamper with evidence.

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He shall surrender his passport before the lower

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court concerned or if he does not have one he shall file an affidavit to that effect within five days of his release.

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In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

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Sd/-

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K.ABRAHAM MATHEW

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Mathew Varghese @ Sharon v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Mathew Varghese @ Sharon v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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